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SMITH v. SMITH

No. 82-1883.

431 So.2d 726 (1983)

James Lawrence SMITH, Appellant, v. Pearline J. SMITH, Appellee.

District Court of Appeal of Florida, Third District.

May 24, 1983.

Attorney(s) appearing for the Case

Thomas F. Luken, Fort Lauderdale, for appellant.

Linda Singer, Miami, for appellee.

Before BARKDULL, HUBBART and JORGENSON, JJ.

PER CURIAM.

The trial court dismissed with prejudice a counterclaim to modify a foreign judgment which was the subject matter of a proceedings to domesticate.

Pending the domestication of the foreign judgment, it would have been appropriate for the trial judge to either abate proceedings on the counterclaim to modify or to dismiss it without prejudice. Sackler v. Sackler, 47 So.2d 292 (Fla. 1950); Smith v. Smith...

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